ABACUS REAL ESTATE FIN. CO. v. P.A.R. CONSTR. & MAINT. CORP.


128 A.D.2d 821 (1987)

Abacus Real Estate Finance Co., Respondent, v. P.A.R. Construction and Maintenance Corp. et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 30, 1987


Ordered that the order is affirmed, with costs.

We find no error in the determination of the Supreme Court that the defendants failed to establish that the judgment against them was procured by fraud (see, CPLR 5015 [a] [3]). The defendants' contention that the plaintiff was seeking to recover an illegal brokerage commission is nothing more than a newly interposed theory of defense which could have been asserted prior to the entry of judgment (see, ...

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